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A draft resistor or conscientious objector is an individual who, with sincere conviction that is motivated by conscience, cannot take part in either all forms or in particular aspects of war. There have been many examples and ways of resisting armed service throughout the history of the United States. During Vietnam, for example, many young men refused to appear for military obligations and often engaged in a public declaration of resistance by burning their draft card. Others, more silently and anonymously, merely crossed the border. Both then and now, members of the armed forces claimed conscientious objector status.

The U.S. government recognizes two types of conscientious objectors: (1) those who, by reason of religious, ethical, or moral belief, are conscientiously opposed to participation in war in any form and (2) noncombatant conscientious objectors, who are opposed to killing in war in any form but who do not object to performing noncombatant duties (e.g., medic) in the armed forces. In addition, there are four other types of resistors who are not officially recognized: (1) tax protesters, whose conscience does not allow them to pay the military portion of their taxes because of ethical, moral and religious beliefs; (2) selective objectors, whose conscience forbids them to participate in an “unjust” war (e.g., Vietnam); (3) nuclear pacifists, who refuse to participate in a nuclear war, or what they believe would likely become a nuclear war; and (4) noncooperators with the draft, whose conscience does not allow them to cooperate with draft law requirements.

Many resistors, such as Quakers, who are pacifist by doctrine, refuse to serve for religious reasons. Others do not fight because of a deep sense of their responsibility toward humanity as a whole and from a belief that the government doe not have the moral authority to wage war. Some draft resistors are unwilling to serve in the military in any role, while others may agree to work in noncombat roles. In World War I, for example, numerous resistors drove ambulances, often under fire.

History

If the citizen soldier can be traced back to the early origins of America, so can the draft resistor. The first known recorded instance of pacifist resistance to military service took place in Maryland in 1658, where one Richard Keene was fined for refusing to be trained as a soldier. Usually, religion underpinned individual resistance to military action. Indeed, James Madison, in his original proposal for a bill of rights, also felt that no person should be compelled to render military service because of religious scruples. It is not clear why his idea was never adopted, but the evidence suggests that the framers of the Constitution favored leaving military exemptions to the jurisdiction of the states.

Conscientious objection first achieved legal status during the Civil War. At this time, President Abraham Lincoln established a system of alternative civilian service, and the revision of the 1864 draft law provided that draftees who objected on religious grounds be considered noncombatants.

From 1948 to 1973, the United States drafted men to fill vacancies in the armed forces. In 1973, the draft ended and the United States converted to an all-volunteer military. Today, a registration is in place, whereby with certain exceptions all 18-year-old men residing in the United States are required to register for the draft.

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